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Committee weighs adding food-additive ban to recess bill and amending recess time rules; phase‑in set for 2027–28

Legislative conference committee · March 27, 2026
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Summary

Members discussed moving a section of SB 390 (prohibiting certain food additives in school lunches) into a shell bill (2164), debated an amendment to make organized recess count as part of the school term (allowing up to an hour, reinforcing a 30‑minute minimum for elementary), and were told the food-additive prohibition would begin in the 2027–2028 school year; committee paused for caucus with no votes taken.

A conference committee exchanged proposals to reorganize several bills and to add specificity to recess and school-lunch rules, but did not take final action.

A member proposed adding the food-additive section of Senate Bill 390 (previously passed in the Senate and considered in the House Agriculture Committee) into the recess bill, Senate Bill 339, or into a shell bill (2164) so the prohibition on certain additives could move forward. "We would propose putting 339 and possibly section 1 of 390 into 2164, which is a shell," a member said. The member also suggested placing Senate Bill 387 into shell 2763 for handling.

A staff reviser summarized the SB 390 content: "This is prohibiting certain food additives in food provided as part of certain food programs and it's beginning in school year 2027-2028," and said the multi-year phase-in that was discussed in agricultural conference work was not yet reflected in the language now under consideration. Committee members asked whether language about manufacturing labels was included; the reviser said that manufacturing-label language was not included in the transfer being proposed.

Members also debated an amendment to the recess portion of the bill intended to clarify that organized recess could be counted as part of the school term. The amendment would make explicit that organized recess time not exceed one hour and would retain the current 30-minute elementary minimum; a committee member explained the amendment was intended to give districts specificity and local discretion on whether to count up to a full hour. A reviser reminded the committee that the State Board of Education currently allows up to 30 minutes of organized recess to count as part of the school day, and that the amendment would effectively permit districts to count an additional half hour at their discretion.

Why it matters: If enacted, the food-additive prohibition would take effect beginning in the 2027-2028 school year and would change what may be offered in certain school meal programs; the recess amendment would alter how districts may classify organized recess time for the academic day, which has scheduling and curricular implications.

Status and next steps: Committee members expressed discomfort about moving all of SB 390 into another vehicle and said they would caucus; no vote occurred. Members asked staff revisers for clarifications and planned to return after a brief caucus to update absent members and decide whether to formally move sections into shell bills.